AN160741 – Coal Mining Industry (Engineers) Award 1990
(1) All time worked in excess of, or in the case of Western Collieries in excess of or outside the ordinary working hours prescribed by this Award shall be paid for at the rate of time and one-half for the first three hours and double time thereafter.
An employee will not refuse unreasonably to work reasonable overtime when required by the employer after being advised of the nature of the overtime.
(2) When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least seven consecutive hours off duty between the work of successive days.
An employee who works so much overtime between the termination of the employee's ordinary hours of work on one day and the commencement of the employee's ordinary work on the next day that the employee has not had at least seven consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had seven consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such employee resumes or continues work without having had such seven consecutive hours off duty the employee shall be paid at double time until released from duty. The employee shall then be entitled to be absent for seven consecutive hours off duty without loss of pay for ordinary hours of work occurring during such absence.
(3) (a) All work performed on Sundays shall be paid at the rate of double time.
(b) For all work performed on a holiday prescribed in subclause (1) of Clause 10. - Holidays during hours which on a day other than a holiday would be regarded as ordinary hours of work without payment of overtime, shall be double time in addition to a sum equal to the amount of the payment prescribed for an employee not required to work on a holiday, and that where on such holiday an employee continues to work additional time outside such hours, the employee shall be paid for such additional time at the rate of treble time on ordinary rates.
(c) An employee called to work on a Sunday or on Christmas Day or New Year's Day shall be paid at least four hours at ordinary rates. An employee called on to work on a holiday prescribed in subclause (1) of Clause 10 shall be paid at least four hours at ordinary rates in addition to a sum equal to the amount of the payment prescribed for an employee not required to work on a holiday.
(4) An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate rate for each day so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job performed is completed within a shorter period.
This subclause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the employee ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause (2) of this clause where the actual time worked is less than three hours on such recall or on each of such recalls.
(5) The employee required to work overtime on a Saturday shall be afforded at least five hours work or paid for five hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.
(6) When an employee is required to remain in readiness for a call to work after the employee's ordinary hours, the employee will be paid at ordinary rates for the time the employee remains in readiness. Provided that, in the cases where the employee is notified of the requirement to commence work at a specified time, then payment shall be made for a minimum of three hours at overtime rates.
(7) For work done during the usual meal time and thereafter until a meal break is allowed, an employee shall be paid at overtime rates. An employee shall not be compelled to work for more than six hours without a break for a meal.
(8) An employee who is required to work overtime in excess of two hours after the completion of seven hours shall be allowed at least 30 minutes for a meal without deduction of pay, and unless notified the previous day that the employee will be required to work overtime shall either be supplied with a meal by the employer or be paid $4.97 in lieu thereof, provided that this payment need not be made to an employee who can reasonably go home for a meal.
After each four hours of such overtime following a meal break an employee shall be allowed a further 30 minutes without deduction of pay, and either be supplied with a meal by the employer or be paid $4.97 in lieu thereof.
(9) An employee (other than an employee engaged on continuous process) who works on a Sunday or a recognised holiday and (except for meal breaks) immediately thereafter continues such work shall on being relieved from duty be entitled to be absent until the employee has had ten consecutive hours off duty, without deduction of pay for ordinary time of duty occurring during such absence.
(10) An employee shall not be called upon to perform work during a period of annual leave whilst other suitable employees, not on leave, are ready and available to perform such work.
